Section 405.07. Review of major stationary sources and major modifications — source applicability and exemptions.

 

(1)  No major stationary source or major modification may begin actual construction unless the requirements of ss. NR 405.08 to 405.16 have been met.

(2)  The requirements of ss. NR 405.08 to 405.16 shall apply to any major stationary source and any major modification with respect to each air contaminant that it would emit, except as this chapter would otherwise allow.

(3)  The requirements of ss. NR 405.08 to 405.11 apply only to any major stationary source or major modification that would be constructed in an area which is designated as attainment or unclassifiable under section 107 (a) (1) (D) or (E) of the Act ( 42 USC 7407 (a)(1)(D) or (E)).

(4)  A major source or major modification is exempt from the requirements of ss. NR 405.08 to 405.16 if any of the following apply:

(a) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source does not belong to any of the following categories:

1. Coal cleaning plants (with thermal dryers).

2. Kraft pulp mills.

3. Portland cement plants.

4. Primary zinc smelters.

5. Iron and steel mills.

6. Primary aluminum ore reduction plants.

7. Primary copper smelters.

8. Municipal incinerators capable of charging more than 250 tons of refuse per day.

9. Hydrofluoric, sulfuric, or nitric acid plants.

10. Petroleum refineries.

11. Lime plants.

12. Phosphate rock processing plants.

13. Coke oven batteries.

14. Sulfur recovery plants.

15. Carbon black plants (furnace processes).

16. Primary lead smelters.

17. Fuel conversion plants.

18. Sintering plants.

19. Secondary metal production plants.

20. Chemical process plants. The chemical processing plants category does not include ethanol production facilities that produce ethanol by natural fermentation, as described by the 6-digit code of 312140 or 325193 in the North American Industry Classification System United States, 2007, incorporated by reference in s. NR 484.05 (17) .

21. Fossil fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input.

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

23. Taconite ore processing plants.

24. Glass fiber processing plants.

25. Charcoal production plants.

26. Fossil fuel fired steam electric plants of more than 250 million British thermal units per hour heat input.

27. Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ).

(b) The major source or major modification is a portable stationary source which has previously received a permit under requirements in ss. NR 405.08 to 405.16 and all of the following conditions are met:

1. The source proposes to relocate and emissions of the source at the new location would be temporary.

2. The emissions from the source would not exceed its allowable emissions.

3. The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated.

4. Reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the department not less than 30 days in advance of the proposed relocation unless a different time duration is previously approved by the department.

(5)  The requirements of ss. NR 405.08 to 405.16 do not apply to a major stationary source or major modification with respect to a particular air contaminant if the owner or operator demonstrates that, as to that air contaminant, the source or modification is located in an area designed as nonattainment under section 107 of the Act ( 42 USC 7407 ).

(6)  The requirements contained in ss. NR 405.09 , 405.11 , and 405.13 do not apply to a proposed major stationary source or major modification with respect to a particular air contaminant, if the allowable emissions of that air contaminant from a new source, or the net emissions increase of that air contaminant from a modification, would be temporary and impact no Class I area and no area where an applicable increment is known to be violated.

(7)  The requirements contained in ss. NR 405.09 , 405.11 , and 405.13 as they relate to any maximum allowable increase for a Class II area do not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each air contaminant from the modification after the application of best available control technology would be less than 50 tons per year.

(8)  The department may exempt a proposed major stationary source or major modification from the requirements of s. NR 405.11 with respect to monitoring for a particular air contaminant if one of the following applies:

(a) The emissions increase of the air contaminant from a new stationary source or the net emissions increase of the air contaminant from a major modification would cause, in any area, air quality impacts less than the following amounts:

1. Carbon monoxide — 575 m g/m 3 , 8-hour average.

2. Nitrogen dioxide — 14 m g/m 3 , annual average.

3. PM 10 — 10 m g/m 3 , 24-hour average.

3m. PM 2.5 – 0 m g/m 3 .

4. Sulfur dioxide — 13 m g/m 3 , 24-hour average.

5. Ozone.

6. Lead — 0.10 m g/m 3 , 3-month average.

7. Mercury — 0.25 m g/m 3 , 24-hour average.

8. Beryllium — 0.0010 m g/m 3 , 24-hour average.

9. Fluorides — 0.25 m g/m 3 , 24-hour average.

10. Vinyl chloride — 15 m g/m 3 , 24-hour average.

11. Total reduced sulfur — 10 m g/m 3 , 1-hour average.

12. Hydrogen sulfide — 0.20 m g/m 3 , 1-hour average.

13. Reduced sulfur compounds — 10 m g/m 3 , 1-hour average.

(b) The concentrations of the air contaminant in the area that the source or modification would affect are less than the concentrations listed in par. (a) .

(c) The air contaminant is not listed in par. (a) .

(9)  

(a) Beginning January 2, 2011, emissions of greenhouse gases at a stationary source shall only be subject to regulation under the Act if the stationary source is any of the following:

1m. A new major stationary source for a regulated NSR contaminant other than GHG, which will emit or will have the potential to emit 75,000 tpy or more of GHG on a carbon dioxide equivalent basis.

2m. An existing major stationary source for a regulated NSR contaminant other than GHG, which will have an emissions increase of a regulated NSR contaminant other than GHG, and an emissions increase of 75,000 tpy or more of GHG on a carbon dioxide equivalent basis.

(b) For purposes of this subsection, emissions of GHG on a carbon dioxide equivalent basis shall be determined by multiplying the mass amount of emissions, in tons per year, for each of the constituent gases in the pollutant GHG by the associated global warming potential for the gas in Table B, and then summing the products obtained. - See PDF for table

History: Cr. Register, January, 1987, No. 373 , eff. 2-1-87; corrections in (6) to (8) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1988, No. 388 ; am. (8) (a) 3., Register, April, 1995, No. 472 , eff. 5-1-95 ; am. (1), (4) (intro.), (5) and (6), Register, December, 1995, No. 480 , eff. 1-1-96; am. (3), (5), (8) (intro.), (a) 6., 8, 12, renum. (4) (b) and (c) to be (4) (a) and (b) and am. (4) (a) 27., (b) (intro.), Register, December, 1996, No. 492 , eff. 1-1-97; am. (8) (a) 9., Register, October, 1999, No. 526 , eff. 11-1-99; CR 07-104 : am. (4) (a) 20. Register July 2008 No. 631 , eff. 8-1-08; CR 10-050 : cr. (8) (a) 3m. Register November 2010 No. 659 , eff. 12-1-10; EmR1046 : emerg. cr. (9), eff. 12-15-10; CR 10-144 : cr. (9) Register August 2011 No. 668 , eff. 9-1-11; 2015 Wis. Act 33 : consol. (9) (a) (intro.) and (9) (a) 1. and renum. to (9) (a) (intro.) and am., renum. (9) (a) 1. a. and b. to (9) (a) 1m. and 2m., r. (9) (a) 2. Register July 2015 No. 715 , eff. 8-1-15; CR 15-077 : am. (8) (a) 3m. Register July 2016 No. 727 , eff. 8-1-16.

Note

In accordance with Sierra Club v. EPA, 706 F.3d 428 (D.C. Cir. 2013), no exemption is available with regard to PM 2.5 . Microsoft Windows NT 6.1.7601 Service Pack 1 No de minimis air quality level is provided for ozone. However, any source with a net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to regulation under this chapter would be required to perform an ambient impact analysis, including the gathering of ambient air quality data. Microsoft Windows NT 6.1.7601 Service Pack 1 The advance notice requirement for relocation of a portable source in the federal regulations (not less than 10 days advance notice) has been changed to not less than 30 days in sub. (4) (b). Microsoft Windows NT 6.1.7601 Service Pack 1 The department intends to regulate GHG consistent with the 40 CFR 51.166 (June 3, 2010). In the event of litigation or congressional action which impacts the federal regulations, the department will commence rulemaking to remain consistent with the resulting federal regulations. Microsoft Windows NT 6.1.7601 Service Pack 1 1 The Chemical Abstract Service or CAS numbers refer to the unique chemical abstracts service registry number assigned to a specific chemical, isomer or mixture of chemicals or isomers and recorded in the CAS chemical registry system by the Chemical Abstracts Service, PO Box 3012, Columbus OH 42310, phone: [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 The GWPs in Table B are based upon the GWPs codified by the EPA at 40 CFR part 98 , Subpart A, Table A-1, as of October 22, 2010. Microsoft Windows NT 6.1.7601 Service Pack 1